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HomeMy WebLinkAbout1974-02-11 81 AB ORDERat AB Introduced by Councilor Baldacci, February 11, 1974 CITY OF BANGOR yj (TREE.) (Orba1 Authorizing City Manager to Aeeept. need foamthe. urban _. 8eneaal. Authority - Parcels P-1 6 8-11 By the City Coywedt of Ike City of Bangor: ORDERED, 7M the City Manager Is hereby authorized and directed to accept on behalf of the City of Bangor a warranty deed for Parcels designated as P-1 and A-11, a copy of said deed being attached hereto and made a Parc hereof. IN CITY COUNCIL P�uary 11, 1974 81 AB ORDER 3y4 Title, Auth� City Meq, to Accept Deed from V.R. A,-Paz[¢ls P-1 6 R-11 ...................................... x�1de gan led ���/• W� f% mCllmae RECEIVED 1971 FEB -5 A14I0:17 CITY CLEWS OFFICE CITY CF NEXCOR. MAINE KNOW ALL MEN BY THESE P RES ENT S, THAT THE URBAN RENEWAL AUTHORITY OF THE CITY OF BANGOR, a public body, corporate and politic duly created and existing under the Laws of the State of Maine and located at Bangor, County of Penobscot, State of Maine, in consideration of One Dollar ($1.00) and other good and valuable considerations paid by the CITY OF BANGOR, a body corporate located at Bangor, in the County of Penobscot, and State of Maine, the receipt of which is hereby acknowledged, does hereby give, grant, bargain, sell and convey unto the said CITY OF BANGOR, its successors and assigns forever, a certain lot or parcel of land located in said Bangor, bounded and described as follows, viz: First Parcel: Beginning at a point on the easterly line of Exchange Street, 1.10 test south from the southerly street line of Hancock Street, said point having coordinates north 352680.09, east 430237.05- based on the Maine State Coordinate System East Zone; thence north 711-37'-32" east for a distance of 232.11 feet along a line parallel to, and 1.10 feet from said southerly line of Hancock Street to a point on the former easterly line of French Street; thence south 181-17'-44" east for a distance of 161.52 feet along the former easterly line of French Street to a point; thence south 71"-44'-36" west for a distance of 231.75 feet along the northerly property line of a plat of land now or formerly owned by Murray W. Pinard, Trustee Bangor Washington -Exchange Trust, to a point on the easterly street line of Exchange Street; thence north 180-25'-31" west for a distance of 161.04 feet along said easterly line of Exchange Street to the point of beginning. Said Parcel contains 37405.76 square feet and isidentified as Parcel P-1 on CITY OF RANCOR PLAN entitled PPlatof Disposition of Parcels R-11, P-1, H-1 and OB -2" Plan number UR802,P23, dated August 19, 1973 and filed herewith n the Penobscot Registry of Deeds. All distances given are grid distances based on the Maine State Coordinate System East Zone. Second Parcel: Beginning at a point at the intersection of the easterly street line of Exchange Street and the southerly street line of Hancock Street, said point having coordinates north 352681.14 east 430236.70 based on the Maine State Coordinate System East Zone; thence north 71"-37'-32" east for a distance of 232.11 feet along said southerly line of Hancock Street to a point on the former easterly street line of French Street; thence south 180-17'-44" east for a distance of 1.10 feet along said easterly line of French Street to a point; thence south 711-37'-32" west for a die tante of 232.11 feet along a line parallel to, and 1.10 feet south of said southerly line of Hancock Street to a point o said easterly line of Exchange Street; thence north 186-25'-31" west for a distance of 1.10 feet along said easterly line of Exchange Street to the point of beginning. Said parcel contains 255.32 square feet and identified as Parcel R-11 on City of Bangor Plan entitled "Plat of Disposition Parcels R-11, P -1,H-1 and GB -2" Plan number UR802, P23, dated August 19, 1973, and filed herewith n the Penobscot Registry of Deeds. All distances given are grid distances based on the Maine State Coordinate System East Zone. T}iis conveyance is made upon the following express conditions covenants and restrictions, for breach of which said Grantor may enter and revest itself title to the premises granted hereby as if this deed had never been given, or exercise any other remedies hereinafter set forth 1. This conveyance is expressly made subject to all of the provisions, terms and conditions contained in the Declaration of Restristions for Kenduskeag Stream Urban Renewal Project, Project NO. Maine R-7, recorded in Penobscot Registry Of Deeds, volume 2152, Page 367 As a condition of this conveyance, the grantee agrees that the Grantor may at any time change the Declaration of Restrictions in any manner so long assaid changes do not adversely affect the use and enjoyment Of the Premises of the Grantee. 2. Grantee covenants and agrees for itself and its successors and assigns in and to the Property, that the Grantee and such successors and assigns shall not erect or use any buildings or structures on said Property for any other purpose than for those uses permitted by the aforesaid Declaration of$$ strictions to be erected on Parcels R-11 and P-1 referred to the=n Such structures shall be constructed and used only in compliance with the Declaration of Restrictions, the City of Bangor Building Code, Zoning Ordinance, and all other applicable ordinances and State laws for said Renduakeag Stream Project. (a) Grantee covenants and agrees that the Grantee shall promptly begin and diligently prosecute to completion the redevelop- ment of the Property through improvements thereon provided to be made in accordance with the aforesaid Declaration of Restrictions. Construction of the Improvements shall be commenced in any event within twelve (12) months after the date of this deed; and, except as otherwise provided in this Agreement, shall be completed within twenty-four (24) months after such date. (b) Promptly after completion of the Improvements an the Property, Grantor will furnish Grantee with an appropriate instrument so certifying. Said certification by the Grantor shall be i recordable form and shall be a conclusive determination of satisfaction with respect to the Improvements of the above-described Property of Grantee. 3. (a) The Grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that Grantee and its successors and assigns, and all persons claiming under or throughthem, shall; (i) Devote the Property to, and only to and in accordance with, the uses specified in the Declaration of Restrictions in effect as of the date of this conveyance. (ii) Not discriminate upon the basis of race, color, creed or national origin in the sale, lease or rental or in the u8e of occupancy of the Property or any Improvements erected or to be erected thereon, or any part thereof. .(b) It is intended and agreed that the agreements and covenants provided in this section shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise and except only as specifically provided in this Deed, be to the fullest extent permitted by law and equity, binding for the benefit and in favor of and enforceable by Grantor, its successors and assigns, the City of Bangor, Maine, any successor in interest to the Grantee of the Property or any part thereof, and the owner of any other land (or of any interest in such land) in the Project Area, and the United States (in the case of the covenant provided in Subdivision (ii) of Subsection (3a) hereof) against the Grantee, its successors and signs, to or of the Property or of any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agree- ment and covenant provided in clause (a) (i) shall remain in effect until June 22, 1984, and during the term of any extension of said Declaration of Restrictions (at which time such agreement and covenants shall terminate),and those provided in clause (a) (ii), shall remain' in effect without limitation as to time; Prov_ded, that such agree - ents and covenants shall be binding on the Grantee itself. each successor in interest or assign, and each party in possession or occupancy, respectively only for such period as they shall have title to or an interest in or possession or occupancy of the Property or part thereof. (c) In amplification, and not in restriction of the provisions of the previous subsection it is agreed that the Grantor is deemed beneficiary Of the agreements and covenants provided in subsection (a) of this section in its own right and also for the purposes of protecting the interests of the community and the other parties, public or private in whose favor or for whose benefit such agreements and covenants have been provided. It is also agreed that the United States shall be deemed a beneficiary of the covenant numbered 3. (a) (ii). .Such covenants shall run in favor of the Grantor and the United States for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether Grantor or the United States has at any time been, remains, or is an owner of any land or interest therein to, or in favor of which such agreements and covenants relate. Grantor and the Unites States shall havethe right, in the event of any breach, to maintain any action to enforce the curing of such breach of agreement or covenant. 4. (a) In the event prior to completion of the improvements as certified by Grantor: (i) Grantee (or successor in interest) shall default in or violate their obligations with respect to the construction of the Improvements (including the nature and the dates for the beginning and completion thereof) or shall abandon or substantially suspend construction work, and any such default or violation, abandonment or suspension shall not be cured, ended or remedied within three (3) months, (six (6) months if the default is with respect to the date of completion of the Improvements) after written demand by the Grantor so to do, or (ii) There is any transfer of the Property or any part thereof, and such violation shall not be cured within thirty (30) days after written demand by the Grantor to the Grantee; then Grantor shall have the right to re-enter and take possession of the Property and to terminate (and revert to the Grantor) the estate conveyed by this Deed to the Grantee, it being the intent that the conveyance of the Property to the Grantee is made upon a condition subsequent; Provided, that such condition subsequent and any revesting of title as a result thereof in Grantor shall always be subject to and limited by the lien of any mortgage executed for the purpose of obtaining funds to construct the Improvements and to acquire the subject Property. (b) In addition to the right of the Grantor to revest itself Of the title for the breach of the condition subsequent of this conveyance, Grantor shall have the right to institute any actions or proceedings, including the right to enforce all the terms and conditions of this conveyance by injunction, legal and equitable actions in the nature of forcible entry and detainer, writs of possession and all other lawful process for the enforcement of the same; Provided, that any delay by the Grantor in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this section shall not operate as a waiver of such rights and shall not operate to deprive it of o limit such rights in any way (it being the intent of the provision that Grantor shall not be constrained so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section 4 because Of concepts of waiver, laches, or otherwise) to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved; nor shall any waiver in fact be considered as a waiver of the rights of Grantor with respect to any other defaults by Grantee. TO HAVE AND TO HOLD the same, together with all the privileges and appurtenances thereunto belonging to the said City of Bangor its successors and assigns forever. And it does covenant with the said City of Bangor, its successors and assigns, that it will warrant and Forever defend the Premises, to the said City of Bangor, its successors and assigns forever, against the lawful claims and demands of all persons claiming by, through or under the Grantor herein. IN WITNESS WHEREOF, the said Urban Renewal Authority of the City of Bangor, Grantor, has caused this deed to be signed, sealed, acknowledged and delivered in it name and behalf by Dana A. Giggey, its Executive Director, hereunto duly authorized, and said Grantee, the City of Bangor has caused this instrument to be sealed with its corporate seal and signed in its corporate name by Merle F. Goff, its Manager, thereunto duly authorized, this day of in the year of our Lord one thousand nine hundred and seventy-four. Signed, Sealed and Delivered in the presence of: STATE OF MAINE County of Penobscot, as. A: D. 1974 Then personally appeared the above named Dana A. Giggey, Executive Director of the Urban Renewal Authority of the City of Bangor and acknowledged the above instrument to be his free act and deed in his said capacity. Before me, . . . . . . . Justice of the Peace